ATIKAAKUM V FOBI (C1/08/2024) [2025] GHACC 40 (16 January 2025)

ATIKAAKUM V FOBI (C1/08/2024) [2025] GHACC 40 (16 January 2025)

The court found, based on the independent surveyor’s report, that the plaintiff trespassed onto the defendant’s Plot No. 31 Block IV by 105 feet by 20 feet. The plaintiff failed to prove the identity and measurement of his own plot, which is fatal to his claim for declaration of title. The defendant proved his counterclaim on the balance of probabilities and is entitled to the reliefs sought, including damages for trespass and costs.

Citation
[2025] GHACC 40
Parties
Plaintiff: Usman Atikaakum; Defendant: Yaw Fobi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 January 2025
Case Number
C1/08/2024
Procedural Posture
Civil / Judgment
Outcome
judgment for defendant on counterclaim; plaintiff’s claim dismissed
Legal Topics
Declaration of Title, Trespass, Injunction, Damages, Burden of Proof, Counterclaim
Source Language
English
Land Law Civil Procedure Declaration of Title Trespass Injunction Damages Burden of Proof Counterclaim

Case Brief

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Parties

Usman Atikaakum

Plaintiff

Yaw Fobi

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has trespassed onto the defendant’s Plot No. 31 Block IV
  2. 2 Whether the defendant has trespassed onto the plaintiff’s Plot No. 27

Ratio Decidendi

The court found, based on the independent surveyor’s report, that the plaintiff trespassed onto the defendant’s Plot No. 31 Block IV by 105 feet by 20 feet. The plaintiff failed to prove the identity and measurement of his own plot, which is fatal to his claim for declaration of title. The defendant proved his counterclaim on the balance of probabilities and is entitled to the reliefs sought, including damages for trespass and costs.

Court Disposition

judgment for defendant on counterclaim; plaintiff’s claim dismissed

Orders

  • Title declared to defendant for Plot Number 31 Block IV measuring 90 x 100 at Asamankama Residential Area off Kumasi – Takyima Road.
  • Defendant to recover possession of Plot Number 31 Block IV with immediate effect.